Tag Archives: Artist Litigation

Andy Warhol’s Prince Prints: Not Fair Use!? (Part Two)



Opening graphic of The Briefing Video with title of episode: Andy Warhol's Prince Prints Not Fair Use!? Part Two In this week’s episode, attorneys Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol’s series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). They provide a recap of last week’s episode, which covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use. That decision overturned a lower court decision in favor of the Warhol Foundation.

This week, Scott and Josh discuss the possible impact of the Supreme Court fair use decision in Google LLC v Oracle America, Inc., including the Andy Warhol Foundation’s petition to the Second Circuit for review of the Goldsmith decision.

A video version of this episode can be found on “The Briefing from the IP Law BlogYouTube channel, here.


Andy Warhol’s Prince Prints: Not Fair Use!? (Part One)



Title Graphic from The Briefing from the IP Law Blog, featuring the episode title.In this week’s episode, attorneys Josh Escovedo and Scott Hervey discuss the litigation over Andy Warhol’s series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). Their discussion covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use. The decision overturned a lower court decision in favor of the Warhol Foundation.

Production Note: This episode includes a discussion of the high-profile litigation between the artist Shepard Fairey and the Associated Press over Fairey’s iconic “Hope” poster of then-presidential candidate Barack Obama. Throughout the episode, Scott and Josh mispronounce Fairey’s last name as “Farley.”  They offer apologies to listeners and to the artist.

A video version of this episode can be found on “The Briefing from the IP Law BlogYouTube channel, here.